questions & answers

Question: I have a land contract on a mobile home but do not have the title. The current is in serious default (10 months). Do I foreclose, get a judgement on the loan or get lien? Is this something I can do or do I really need and attorney? If it matters the amount due is about $11,500. Thanks!

Answer:

This site only provides general information. The Judicial Foreclosure process is expressly governed by statute A.R.S. § 33-721. Mortgages of real property and deeds of trust as defined by A.R.S. § 33-801, nonetheless any other provision in the mortgage or deed, shall be foreclosed by action in a court. A.R.S. § 33-721. As part of the Judicial Foreclosure process, the mortgage holder will file a civil lawsuit against the borrower in the superior court in the county in which the real property is located to declare that the interest of the purchaser has been forfeited and to quiet title to the property in the seller. A.R.S. § 33-744. From that lawsuit the lender must obtain a Foreclosure Judgment from a Court of competent jurisdiction to actually enforce the foreclosure. As a practical matter, assuming the borrower is in default, the lender will be successful in this regard and will obtain the judgment. Once the lender obtains the foreclosure judgment, the court shall give judgment for the entire amount determined due, and shall direct the mortgaged property to be sold. A.R.S. § 33-725. To find out how the law applies to a specific situation, please contact an attorney directly. To apply for free or reduced fee legal services visit the Access To Justice Online Intake System located in the upper right of AzLawHelp.org under the LegalLEARN section.

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